2000 Fiscal Year Final Research Report Summary
Economic Conflicts in Russia in a period of transition to Market Economy
| Project/Area Number |
10620007
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Kobe University |
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Principal Investigator |
MORISHITA Toshio Kobe University, Facolty of Law, Professor, 法学研究科, 教授 (90107920)
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| Project Period (FY) |
1998 – 2000
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| Keywords | Russia / Economic Conflict / Market Economy / Economic Crime / 市場原理 / 表見代理 / 体制転換 / 善意取得 |
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| Research Abstract |
The purpose of this study is to throw new light upon the relation between the regime transformation and economic conflicts in the contemporary Russia. As the result of analysis of judicial precedents of Russian Economic Court, it is possible to say as follows. (1) The principle of free contract was established, but courts can compel to conclude some kinds of conttacts which are called public contracts. And privatized companies have rights to demand privatize the real properties which the companies occupy. In this case sales contracts are compulsory. (2) There are many conflicts about former state properties in the contemporary Russia. In a socialist society it was not clear who really administer state properties. Therefore privatzsed companies dispute about former state properties after provatization. (3) Kinds of conflicts have changed in Russia. In the socialist era the most important conflict was concerned with defective commodities. But under market economy, market in itself solves this problem. Nowadays new type of conflics, for example, bankruptcy, loan, mortgage and so on, are increasing in Russia. (4) New legal principles (Scheinvollmacht, Eigentumserwerb Kraft guten Glaubens, Ersitzung, Verjahrung), which support market economy, are appearing. (5) The character of economic crimes is also changing. In the socialist era personal sales are crim, Nowadays frauds and burglaries are increasing, and russian econkmy is mafianized. In conclusion, in Russia new legal system was introduced, but it is still primitive in the economic field.
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